| |
| (1) | It
shall be lawful for any officer or other employees of the Council to whom a warrant
issued under section 102 is addressed to distrain, wherever it may be found in
any place in New Delhi, any movable property, or any standing timber, growing
crops or grass belonging to the person therein named as defaulter, subject to
the following conditions, exceptions and exemptions, namely:- |
|
|
| (a) | the
following property shall not be distrained:- |
|
| (i)
| the
necessary wearing apparel and bedding of the defaulter, his wife and children
and their cooking and their cooking and eating utensils; |
| (ii) | tools
of artsians; | | (iii)
| books
of account; or | | (iv)
| when
the defaulter is an agriculturist his implements of husbandry, seed, grain and
such cattle as may be necessary to enable the defaulter to earn his livelihood; |
| | (b)
| the
distress shall not be excessive, that is to say, the property distrained shall
be as nearly as possible equal in value to the amount recoverable under the warrant,
and if any property has been distrained which, in the opinion of the Chairperson,
should not have been distrained, it shall forthwith be released. |
| | (2) | The
person charged with the execution of a warrant of distress shall forthwith make
an inventory of the property which he seizes under such warrant, and shall, at
the same time, give a written notice in the form set forth in the Eighth Schedule,
to the person in possession thereof at the time of seizure that the said property
will be sold as therein mentioned. | |